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1. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
Reasons
1. Determination
A. (1) The Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on August 15, 2015, stipulating that the attached real estate (hereinafter “instant real estate”) shall be leased between the Defendant and KRW 8 million, KRW 530,000,000, KRW 5300,000, KRW 5300,000, KRW 5300,000, and the term of lease from September 1, 2015 to September 1, 2017. At the time of the instant lease agreement, the Plaintiff and the Defendant entered into the said agreement with the Defendant at the time of the instant lease agreement, stating that “The Plaintiff may terminate the said agreement if the overdue interest of the Defendant reaches the three-year rent,” and that the Defendant delayed the rent while leasing and using the instant real estate from around that time, and on April 1, 2016, notified the Defendant of the termination of the lease agreement on the ground that the overdue interest exceeds the three-year rent.
4. 4. It is recognized that the defendant has reached.
(2) According to the above facts, it is reasonable to deem that the instant lease contract was terminated on April 4, 2016 according to the Plaintiff’s declaration of termination. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff.
B. The defendant's assertion is asserted to the effect that the defendant has a right to claim reimbursement of beneficial costs equivalent to the amount since he/she accepted at least one million won in the real estate of this case, and even if he/she acted in the simultaneous performance defense based on the right to claim reimbursement of beneficial costs, the evidence submitted by the defendant alone increases the objective value of the real estate of this case.
or otherwise, there is no other evidence to acknowledge that the increased amount reaches one million won.
In addition, according to the statement in Gap evidence No. 2, the defendant at the time of the lease contract of this case shall restore the real estate of this case to its original state and return it to the plaintiff.